Below are the laws and regulations set aside when fencing in the state of Kentucky:
By definition of law in the State of Kentucky, a fence shall be considered as:
I. A four feet high structure made of hedge, stone, plank or rails
II. A structure that cattle cannot go through
III. A gate, also four feet tall, made of metal or wood that forms part of the fence
IV. An eight by six cattle guard, with a two by six pit that forms part of the fence
Roark Fencing, your Georgetown fence company has got you covered!
Sometimes people who own adjacent pieces of land may not be obvious and sure of how to divide the privacy fences and who takes responsibility for it. The situation usually results in boundary disagreements that may be very heated but can however be solved by the following provisions in the State’s Laws:
- Both parties are allowed to co-own the fence dividing their property and take care of maintenance.
- If the parties choose to document their agreement in writing, the document is entered in the office of the clerk and holds the same weight as a deed.
- When the involved choose to opt out of sharing, they are both responsible for contacting a central fencing company or installation, keeping separate fences and maintaining them.
If cattle break through one party’s fence and enter the second’s party’s land, the former is responsible for any damages to the property, crops and other cattle. If the cattle break through the fence for a second time, the costs the owner of the cattle pays are double. After two breaches by the cattle, the owner of the trespassed land shall have a lien on the cattle. It means that he shall have possession on the cattle as a means of catering for any further losses incurred in any subsequent trespasses. However, in cases where the cattle cross over to land that is not enclosed by a lawful fence, the owner of the cattle is not liable for damages on the first instance but for every other example after that.
What if one requires the initial construction of a farm boundary line?
The District Court is the sole body responsible for all actions concerning construction and, or replacement of a farm boundary line. The owner of the piece of land needing the installation or replacement is required to file an action in the District Court. The file is supposed to describe the boundary line in question, the reason why a replacement or construction is needed, the fencing type that needs to be constructed, whether vegetation or an older fence needs to be removed by experts like a Georgetown fence company, Roark Fencing, and a suggested method to dispose of any material that is removed.
The costs that are incurred by the court when removing the fence, removing vegetation and disposing of material divided in half and each landowner caters for their portion.
- A railroad may pass through several pieces of land. It, the railroad, is required to be on equal terms and obligations with the landowners owning adjoining lands.
- Every railroad is required to construct and maintain a lawful fence on one half of the distance of the division line between the right of way and the adjoining lands.
- Once the railroad constructs its portion, the other party is required to build the fence on the line for the other half, pay a sum comparable to the price of construction or notify the railroad in writing of defaulting from payment.
- If the central fencing company or other party does not construct the fence, he or she shall be served by a notice. After, a fence should be built within four months of receiving the notice, whoever is served with a notice, whether the railroad or owner of the adjacent piece of land, should fail to construct the fence within the four months.
- If the owner of any piece of land gives to the railroad a right of way free of charge, the entire cost of fencing on the division lines solely falls on the railroad.
- If a landowner has already put up a fence for the whole distance as opposed to just half the length, and in cases where there was no agreement between the railroad and the landowner, the landowner may choose to hire Georgetown fence company to move half of the fence. However, this can be one only after giving three months’ notice.
- All railroads are also responsible for putting up cattle guards at all endpoints of the fences constructed along their lines, except public crossings and where lines are not required to be fenced on both sides.
- In cases where the lands of two railways run parallel to each other, the railroad does not have to build any fence along its side next to the other railroad.
- Stray animals may be taken up by any landowner on a lease for not less than three years when finding in his or her property.
These are a few of the laws which govern fencing in Kentucky. When you completely understand the law, it is hard to make mistakes when erecting privacy fences around your property.